The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.
This chapter describes crime in relation to business. The financial cost of white-collar crime is probably several times as great as the financial cost of all the crimes which are customarily regarded as the crime problem. In view of defects in the conventional theories, a hypothesis is needed that will explain both white-collar criminality and lower-class criminality. The inventive geniuses for the lower-class criminals are generally professional criminals, while the inventive geniuses for many kinds of white-collar crime are generally lawyers. The better business bureaus and crime commissions, composed of businessmen and professional men, attack burglary, robbery, and cheap swindles but overlook the crimes of their own members. They may explain the manner or method of crime—why lower-class criminals commit burglary or robbery rather than false pretenses. It is a genetic explanation both of white-collar criminals and lower-class criminality. White-collar criminality is real criminality, being in all cases in violation of the criminal law.
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Throughout the last decades the so-called Psychology of criminal conduct, which agglutinates scientific knowledge surrounding criminal phenomena, has been taking shape. We can find among the principal fields of interests an explanation for antisocial behaviour where learning theories, analyses of individual characteristics, strain-agression hypotheses, studies on social vinculation and crime, and the analyses of criminal careers are relevant. This last sector, also denominated ‘developmental criminology’, investigates the relationship between the beginning and maintenance of criminal activity and diverse risk predictors (singular and social, static and dynamic). Their results have had great relevance in the creation of crime prevention and treatment programs. Psychological treatments of offenders are aimed at the modification of those risk factors, known as ‘criminogenic needs’, which are considered to be directly related to their criminal activity. In particular, treatment programs attempt to provide criminals (whether juveniles, abusers, sexual aggressors, etc.) with new repertoires of prosocial behaviour, develop their thinking, regulate their choleric emotions, and prevent relapses or recidivisms in crime. Lastly, nowadays the Psychology of criminal conduct places special emphasis on the prediction and management of the risk for violent and antisocial behaviour, a field which will be addressed in a subsequent paper of this same monograph.
Criminal careers have long occupied the imaginations of criminologists. Since the 1986 publication of the National Academy of Sciences report on criminal careers and career criminals, a variety of theoretical, empirical, and policy issues have surfaced. Data on key criminal career dimensions of prevalence, frequency, specialization, and desistance have raised theoretical questions regarding the patterning of criminal activity over the life course. Recent research has identified important methodological issues, including the relationship between past and future criminal activity, and potential explanations for this relationship: state dependence and persistent heterogeneity. Advanced statistical techniques have been developed to address these challenges. Criminal career research has identified important policy issues such as individual prediction of offending frequency and career duration, and has shifted the focus toward the interplay between risk and protective factors.
BACKGROUND: Attention deficit-hyperactivity disorder (ADHD) is a common disorder that has been associated with criminal behavior in some studies. Pharmacologic treatment is available for ADHD and may reduce the risk of criminality. METHODS: Using Swedish national registers, we gathered information on 25,656 patients with a diagnosis of ADHD, their pharmacologic treatment, and subsequent criminal convictions in Sweden from 2006 through 2009. We used stratified Cox regression analyses to compare the rate of criminality while the patients were receiving ADHD medication, as compared with the rate for the same patients while not receiving medication. RESULTS: As compared with nonmedication periods, among patients receiving ADHD medication, there was a significant reduction of 32% in the criminality rate for men (adjusted hazard ratio, 0.68; 95% confidence interval [CI], 0.63 to 0.73) and 41% for women (hazard ratio, 0.59; 95% CI, 0.50 to 0.70). The rate reduction remained between 17% and 46% in sensitivity analyses among men, with factors that included different types of drugs (e.g., stimulant vs. nonstimulant) and outcomes (e.g., type of crime). CONCLUSIONS: Among patients with ADHD, rates of criminality were lower during periods when they were receiving ADHD medication. These findings raise the possibility that the use of medication reduces the risk of criminality among patients with ADHD. (Funded by the Swedish Research Council and others.).
By focusing attention on individuals rather than on aggregates, this book takes a novel approach to studying criminal behavior. It develops a framework for collecting information about individual criminal careers and their parameters, reviews existing knowledge about criminal career dimensions, presents models of offending patterns, and describes how criminal career information can be used to develop and refine criminal justice policies. In addition, an agenda for future research on criminal careers is presented.
This article addresses three issues that are central to the criminal career debate. First, is the life course of individual offending patterns marked by distinctive periods of quiescence? Second, at the level of the individual, do offending rates vary systematically with age? In particular, is the age‐crime curve single peaked or flat? Third, are chronic offenders different from less active offenders? Do offenders themselves differ in systematic ways? Using a new approach to the analysis of individual criminal careers—based on nested, mixed Poisson models in which the mixing distribution is estimated nonparametrically—we analyze a panel data set that tracks a sample of males for more than 20 years. Our results provide empirical evidence in support of some features of criminal propensity theory and some in support of conventional criminal careers theory. In support of latent‐trait criminal propensity theory, the individual‐level average offense rate (per unit of time) varies as a function of observable individual‐level characteristics and unobservable heterogeneity among individuals, and the age trajectory of the offense rate is generally single peaked rather than flat. On the other hand, in support of conventional criminal careers theory, models that incorporate a parameter that permits periods of active as well as inactive offending across age have greater explanatory power than those that do not. In addition, the nonparametric, discrete approximation to the population distribution of unobservable heterogeneity in the individual‐level mean offense rate facilitates identification of four classes of offenders—nonoffenders as well as individual‐level characteristics that are unique to each group. Problems of theoretical explanation and empirical generalizability of these results are described.
PART ONE: AN INTRODUCTION TO CRIMINAL JUSTICE INQUIRY. 1. Crime, Criminal Justice, and Scientific Inquiry. 2. Theory and Criminal Justice Research. 3. Causation and Validity. PART TWO: STRUCTURING CRIMINAL JUSTICE INQUIRY. 4. General Issues in Research Design. 5. Concepts , Operationalization, and Measurement. 6. Measuring Crime. 7. Experimental and Quasi-Experimental Designs. 8. Ethics and Criminal Justice Research. PART THREE: MODES OF OBSERVATION. 9. Overview of Data Collections and Sampling. 10. Survey Research and Other Ways of Asking Questions. 11. Field Research. 12. Agency Records, Content Analysis, and Secondary Data. PART FOUR: PULLING IT ALL TOGETHER. 13. Program Evaluation and Policy Analysis. 14. Interpreting Data. 15. Pulling It All Together: Annotated Examples. Appendixes: A. Using the Library: Traditional and Computer-Based Information Sources. B. National Criminal Justice Reference Service. C. The Research Report. D. Sources of Secondary Data. E. Distribution of Chi Square.
This book examines the growth of fraud and smuggling in African states, the plundering of natural resources, the privatization of state institutions, the development of an economy of plunder and the growth of private armies. It suggests that the state itself is becoming a vehicle for organized criminal activity. The authors propose criteria for gauging the criminalization of African states and present a novel prognosis: they distinguish between the corruption of previous decades and the criminalization of some African states now taking place. Major operators are now able to connect with global criminal networks. Also, the notion of social capital has led to current attitudes towards the use of public office for personal enrichment, or even systematic illegality. Looking at South Africa, the authors examine the decades-long tradition of association between crime and politics in this area. South Africa is now the centre of important international patterns of crime, notably in the drug trade. It has Africa's largest formal economy and the continent's largest criminal economy. Considering the economic origins of official implication in crime, the authors conclude that new forms of corruption have been unintentionally helped by liberal economic reforms.
Despite increasing evidence that addiction is a treatable disease of the brain, most individuals do not receive treatment. Involvement in the criminal justice system often results from illegal drug-seeking behavior and participation in illegal activities that reflect, in part, disrupted behavior ensuing from brain changes triggered by repeated drug use. Treating drug-involved offenders provides a unique opportunity to decrease substance abuse and reduce associated criminal behavior. Emerging neuroscience has the potential to transform traditional sanction-oriented public safety approaches by providing new therapeutic strategies against addiction that could be used in the criminal justice system. We summarize relevant neuroscientific findings and evidence-based principles of addiction treatment that, if implemented in the criminal justice system, could help improve public heath and reduce criminal behavior.
Arguably the most significant international organization to be created since the United Nations, the International Criminal Court ushers in a new era in the protection of human rights. The direct descendant of the Nuremberg and Tokyo trials, as well as those of the more recent international criminal tribunals for the Former Yugoslavia and Rwanda, the International Criminal Court will prosecute genocide, crimes against humanity and war crimes when national justice systems are either unwilling or unable to do so themselves. This new book reviews the history of international criminal prosecution, the drafting of the Rome Statute of the International Criminal Court and the principles of its operation, including the scope of its jurisdiction and the procedural regime. Three of the Court's fundamental documents - the 1998 Rome Statute itself, the Rules of Procedure and Evidence, and the Elements of Crimes - are reproduced in the Appendix. Indispensable for students and practitioners.
The racial stereotyping of criminals has been an enduring and unfortunate feature of American culture. However, following the civil rights movement, the linkage between Blacks and crime was galvanized. The stereotyping of Blacks as criminals is so pervasive throughout society that “criminal predator” is used as a euphemism for “young Black male.” This common stereotype has erroneously served as a subtle rationale for the unofficial policy and practice of racial profiling by criminal justice practitioners. This article details the theoretical elements contributing to the development of Black criminal typification to understand how this has been used to justify racial profiling.
Introduction. Criminal Justice through the Looking Glass, or Winning by Losing Chapter 1. Crime Control in America: Nothing Succeeds Like Failure Chapter 2. A Crime by Any Other Name Chapter 3. And the Poor Get Prison Chapter 4. To the Vanquished Belong the Spoils: Who Is Winning the Losing War against Crime? Conclusion. Criminal Justice or Criminal Justice Appendix I. The Marxian Critique of Criminal Justice Appendix II. Between Philosophy and Criminology
The International Criminal Court has been operational since mid-2003, following the entry into force of the Rome Statute of the International Criminal Court on 1 July 2002. The Rome Statute is among the most complex international treaties, a combination of public international law, international humanitarian law and criminal law, both international and domestic. The Commentary provides an article-by-article analysis of the Statute. Each of the 128 articles is presented accompanied by a bibliography of academic literature relevant to that provision, an overview of the drafting history of the provision and an analysis of the text. The analytical portion of each chapter draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and the related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence and the Relationship Agreement with the United Nations. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret and apply the complex provisions of the Rome Statute.
For over 30 years, criminal justice policy has been dominated by a “get tough” approach to offenders. Increasing punitive measures have failed to reduce criminal recidivism and instead have led to a rapidly growing correctional system that has strained government budgets. The inability of reliance on official punishment to deter crime is understandable within the context of the psychology of human conduct. However, this knowledge was largely ignored in the quest for harsher punishment. A better option for dealing with crime is to place greater effort on the rehabilitation of offenders. In particular, programs that adhere to the Risk-Need-Responsivity (RNR) model have been shown to reduce offender recidivism by up to 35%. The model describes: a) who should receive services (moderate and higher risk cases), b) the appropriate targets for rehabilitation services (criminogenic needs), and c) the powerful influence strategies for reducing criminal behavior (cognitive social learning). Although the RNR model is well known in the correctional field it is less well known, but equally relevant, for forensic, clinical, and counseling psychology. The paper summarizes the empirical base to RNR along with implica-tions for research, policy, and practice.
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